Source: All England Reporter
Publisher Citation: [2008] All ER (D) 22 (Sep)
Court: Employment Appeal Tribunal

Judge Peter Clark, Mr J Mallender and Lord Morris of Handsworth OJ

Judgment Dates: 18 June 2008


Employment - Sickness pay - Entitlement - Employees being off sick for long period - Employees failing to provide sick notes for relevant period - Employment tribunal deciding employees entitled to full pay - Whether tribunal erring in its decision.

The Case

Employment Sickness pay. The employees had to establish a contractual or other legal right to full payment of wages before a finding of unauthorised deductions could be made. The employee had to be able and willing to work. Applying that principle to the facts of the instant case, the employer's appeal against a decision of the employment tribunal that the employees had been entitled to full pay during the relevant period, was allowed, on the basis that in the circumstances, the employees had not been able and willing to work.

Practice Areas

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